Chapter 1: Property Ownership and Land use Controls and Regulations

How many square feet are in three acres of land? a. 130,680 c. 143,560 b. 217,800 d. 43,560

a — An acre of land contains 43,560 square feet. Thus, three acres of land equals 130,680 square feet. The conversion of acreage to square feet is the most common type of math question on the state exam

What notice is filed first in regards to a mechanic's lien? a. Notice of Nonresponsibility. c. Notice of Completion. b. Notice of Cessation. d. Notice to Perform or Quit.

a — An owner may prevent the attachment of a mechanic's lien by recording and posting a Notice of Nonresponsibility within ten days after they become aware of tenant-contracted improvements

Environmental hazards located on a property which pose a direct health threat to occupants include toxic mold and: a. building materials containing asbestos. b. recent seismic activity. c. carbon dioxide gas. d. very high fire hazard severity zones.

a — Building materials containing asbestos pose a direct health threat to occupants. Seismic activity and very high fire hazard severity zones are natural hazards occurring off of a property and are not man-made environmental hazards. Carbon dioxide gas is formed during respiration and is vital to sustaining life on earth. It is also not an environmental hazard.

"Potable" means: a. drinkable water. c. backfill. b. sewer systems. d. plumbing metal.

a — Potable water is suitable for drinking.

A dispute over ownership rights and interests held in real property may be settled by: a. a quiet title action. c. a declaratory relief action. b. a partition action. d. a lis pendens

a — Quiet title is a court action to clear clouds on a property's title.

An owner with riparian rights has rights relating to the use and ownership of water from which of the following sources: a. rivers, streams and watercourses. c. underground caves with water. b. oceans and bays. d. swimming pools and watering systems.

a — Riparian rights apply to all surface waters.

The northeast 1/4 of a section contains: a. 160 acres. c. 10 acres. b. 320 acres. d. 40 acres.

a — There are 640 acres in a section. Divide this by four to find the area of a quarter section, 160 acres

All of the following are required by an occupant to establish title by adverse possession, except: a. they have occupied the property in a way which constitutes no notice to the record owner. b. the payment of taxes for five years. c. open and notorious use. d. hostile use

a — This question is phrased in the negative. All other answer choices are conditions that need to be met to establish title by adverse possession. Tip: the answer choices in this question may provide the answer for later exam questions on this topic.

Which of the following statements regarding zoning is true? a. Zoning is never retroactive. b. Aesthetic values are not an interest in the establishment of zoning. c. Zoning always takes precedence over deed restrictions. d. Zoning law always keeps commercial and residential properties separate

a — Zoning cannot apply to existing structures, only structures to be built.

Before a new home can be occupied: a. all construction loans need to be paid off. b. a certificate of occupancy must be issued by the local building department. c. a notice of completion needs to be recorded by the owner. d. offsite improvements need to be complete

b — A certificate of occupancy issued by the building department is proof of habitability.

Individual ownership of a lot and common ownership of other areas in the development constitutes a: a. fully improved subdivision. c. multi-unit apartment project. b. planned unit development (PUD). d. condominium.

b — A planned unit development (PUD) has common areas in addition to individual ownership of a house.

All of the following are acceptable means to obtain title, except: a. grant. c. adverse use. b. escheat. d. descent.

b — An individual may not obtain title by escheat. Only the state government may acquire title through escheat.

The word "tenancy" in real property law most nearly means: a. life tenant. b. the method or mode of holding interest to real property by the lessee or owner. c. the landlord-tenant relationship. d. the right to freely sell a property to another in the open market.

b — As with the term "estate," both the owner's position as well as the lessee's may be described as a "tenancy."

All of the following are rights of ownership, except: a. Severance rights. c. Riparian rights. b. Eminent domain rights. d. Reliction rights.

b — Eminent domain is the government power to seize property written into the U.S. constitution. Reliction refers to an increase in land bordering a body of water due to receding water.

An encroachment is: a. a fence built on an owner's property for security and privacy purposes. b. an improvement on real estate, such as a building, fence, driveway or tree, which extends onto a neighbor's real estate. c. a doctrine used by property owners to establish boundary lines. d. an exclusive right-to-use easement

b — Encroachment is an example of trespass.

A primary difference between real and personal property is that real property: a. can be held in joint ownership. c. is always subject to depreciation. b. is immovable. d. can be willed.

b — Land is immovable, personal property is not.

Ownership rights and interests in real estate are called: a. land sales contracts. c. liens. b. estates or fees. d. tenancies.

b — Ownership might be a fee title or a life estate. Both are examples of a freehold estate

Easements which restrict an owner's ability to maintain or construct improvements interfering with a neighbor's solar energy system are known as easements. a. airborne c. galactic b. solar d. greenway

b — Solar panels are generally located on the roof of a structure. A solar easement prohibits the blocking of those panels from exposure to the sun

The Real Estate Commissioner, under the Subdivided Lands Law, is initially concerned with which court: a. Small Claims. c. Federal Supreme. b. Superior. d. State Appeals.

b — The Subdivided Lands Law is controlled by the Department of Real Estate. Since this is a state entity, the process of elimination excludes the Small Claims, Federal Supreme and Appellate courts, leaving the Superior Court as initially handling real estate disputes

The physical components of a subdivision are controlled by the: a. Department of Real c. Department of Architecture. Estate (DRE). b. city or county planning commission. d. Division of State Lands.

b — The Subdivision Map Act controls the physical elements of a subdivision which is overseen by local governments.

In what way is a tenant in an apartment like an owner of a condominium? a. Both hold a fee interest. b. The owner of the condominium and the tenant of the apartment each have an estate in real property. c. The local tax assessor needs to assess each property separately. d. Both have ownership of an individual unit.

b — The question asks for what the owner and a tenant have in common. Both interests held by an owner and tenant are described as an estate.

All of the following are examples of specific liens, except: a. A property tax lien. c. A judgment for punitive money damages. b. A blanket mortgage. d. A mechanic's lien

c — A judgment for punitive money damages is filed against an individual rather than a specific property.

Which of the following is an example of a freehold estate? a. Beneficiary interest. c. A life estate. b. An estate at sufferance. d. An estate at will.

c — A life estate is an example of a freehold estate.

Appurtenant rights include the right of ingress and ___________ across adjoining properties. a. trespass b. traversal c. egress d. pro rata

c — Access rights include both egress and ingress (entering and exiting), such as with a driveway easement.

If a lien covers all properties of the debtor in that county where it is recorded, it is known as a: a. lis pendens. c. general lien. b. specific lien. d. mechanic's lien.

c — As the lien attaches to multiple properties owned by the debtor, versus a specific property, it is referred to as a general lien

A subcontractor uses a __________ to notify a general contractor or the owner of their right to record and foreclose a mechanic's lien against property when they are not paid. a. Notice of Default c. 20-day preliminary notice b. Right of First Refusal d. 30-day Notice to Vacate

c — Before a subcontractor employed by a contractor may record a mechanic's lien against real estate and enforce it by foreclosure, they perfect their lien rights by serving a 20-day preliminary notice.

Which of the following is shown on a plot map? a. Thickness of exterior walls. b. Topography of the surrounding area. c. Location of the improvement on the lot and its relationship to surrounding features. d. Foundation features and construction materials.

c — Beware of the incorrect answer B. Topography, referencing the lay of the land. Topography is not included on a plot map.

If a person dies without a will and with no identifiable heirs, the state acquires title to their real property through: a. patent. c. escheat. b. condemnation. d. forfeiture.

c — Escheat is a state action to revert property to government ownership when an owner dies with no will or heirs

All of the following are less-than-freehold estates, except: a. An estate for years. c. A life estate. b. Leasehold interest. d. An estate at sufferance

c — Freehold is ownership. Less-than-freehold is a leasehold.

The general purpose of local building codes is to assure: a. the most efficient utilization of skilled labor. b. compliance with regulatory agencies. c. compliance with minimum construction requirements. d. cost effectiveness in building through uniformity of building standards

c — Local building codes are not concerned with labor, regulation or cost effectiveness.

On a zoning map, 'M' generally indicates: a. multiple use. c. manufacturing. b. multi-unit. d. mobile homes.

c — M = manufacturing, C = commercial, R = residential.

Which of the following is regarded as real property? a. Growing crops that have been mortgaged. b. Crops that have been sold but have not been harvested. c. Riparian rights. d. Trade fixtures.

c — Riparian rights go with the land and are appurtenant to it.

The Subdivision Map Act grants control to the: a. corporation counsel. c. local government. b. Department of Real d. state building inspector. Estate (DRE).

c — The Subdivisions Map Act is controlled by local authorities. Subdivided Lands Law is controlled by the DRE.

The Williamson Act provides property tax relief for owners of farmland and open, undeveloped land in exchange for a __________ that the land will not converted to another use. a. two-year agreement c. ten-year agreement b. five-year agreement d. twenty-year agreement

c — The Williamson Act, also known California Land Conservation Act of 1965, provides property tax relief to owners of farmland and open-space land in exchange for a ten-year agreement the land will not be developed or converted to another use.

Placing two or more contiguous units under common ownership for the purpose of increasing the value is known as: a. dual ownership. c. plottage. b. severalty ownership. d. reversion.

c — The act of combining parcels of real estate is referred to as assemblage. The increase of value is referred to as plottage.

There are_______baseline and meridian systems in California. a. 36 c. 3 b. 12 d. infinite

c — The three baseline and meridian systems in California are Humboldt, Mt. Diablo and San Bernardino.

Lead-based paint was banned by the Federal Consumer Product Safety Commission in: a. 1940. c. 1978. b. 1973. d. 1996.

c — Under federal law, a lead-based paint disclosure is required on all single family residential property built prior to 1978

Mary held a life estate for her lifetime in a single family residence. She leased the residence to Martha for a five-year period, but died a few weeks after the lease began. The lease was: a. invalid on its face, because the holder of a life estate does not have the right to lease the property. b. continued in effect for the full five-year term. c. valid only during the life of the lessor (Mary). d. valid only if Martha was unaware of the life estate when the lease was created.

c — When a life estate ends, the ownership of the real estate transfers and therefore existing contracts also end.

Real property does not include: a. watercourses. c. fences. b. improvements. d. leasehold estates.

d — A leasehold estate is less-than-freehold, and therefore not real property

Which of the following is a lien? a. A recorded notice. c. An easement. b. A homestead. d. An attachment.

d — A lien always has a dollar value. Therefore, the only correct answer is the attachment

Which of the following would be the least desirable reference point for a metes and bounds description? a. The corner of a section. c. The corner of a quarter section. b. A township line. d. A riverbank.

d — A riverbank may shift over time.

A roof on which all four sides slope to the eaves is classified as a: a. gambrel roof. c. mansard roof. b. gable roof. d. hip roof.

d — A roof with four sides is called hip. A two-sided roof is gable.

Basic regulation of the housing and construction industries is performed by: a. the State Housing Act. c. the state Contractor's License Law. b. local building codes. d. All the above.

d — All the above. Each entity plays a role in construction and housing standards

Which of the following best describes an estate of indefinite duration? a. Estate for years. c. Periodic tenancy. b. Life estate. d. Estate of inheritance.

d — An estate of inheritance is a fee title. Therefore, it lasts in perpetuity — an indefinite time.

Personal property may not: a. become real property. c. be alienated. b. be hypothecated. d. None of the above.

d — Beware of question construction phrased in the negative, "may not." Here, you need to identify the answer selection that does not correctly complete the question. As personal property may undergo any of the activities referenced in all of the answer selections, None of the above is correct.

The first component of real estate is land, which includes: a. soil. c. reasonable airspace above the earth. b. rocks. d. All the above.

d — Land is inclusive of all listed answer choices.

Private restrictions on the use of land are best created by: a. verbal agreement. b. ratification. c. constructing a physical barrier around the property. d. recording the restrictions with the county recorder, with reference made in the deed to each parcel.

d — Of the answer choices provided, the best way to create a private restriction on the use of land is by recording the restrictions with the county recorder. However, a private restriction may also be created through a developer's restrictions for a subdivision or through a written agreement.

Upon moving into the home they had just purchased, the owner discovered their neighbor's garage encroached four feet over his property line. lf a friendly settlement cannot be negotiated, the owner may sue the: a. escrow company. b. title company. c. agent, for failure to disclose the encroachment. d. neighbor, since the encroachment is a trespass

d — The neighbor is the one who is trespassing and is the party the owner may sue.

A lot contains 73,000 square yards. How many acres does this equal? a. 29 c. 10 b. 14.7 d. 15.1

d — The parcel of land is described in square yards. First determine how many square feet this equals by multiplying the square yard by 9. 73,000 x 9 = 657,000 square feet. Then, divide by 43,560 (the square feet in one acre). 657,000 / 43,560 = 15.1 acres.

All of the following are appurtenances that go with the land, except: a. Buildings. c. Fences. b. A swimming pool. d. A trade fixture.

d — This question is phrased in the negative. Trade fixtures are personal property and do not go with the land.

The Real Estate Commissioner rescinds their approval of a subdivision by: a. issuing an injunction. c. revoking the developer's license. b. issuing a writ of prohibition. d. issuing a desist and refrain order.

d — To stop a development, the Real Estate Commissioner files a desist and refrain order against the developer.